Republic Act No. 6770             November 17, 1989

AN ACT PROVIDING FOR THE FUNCTIONAL AND STRUCTURAL ORGANIZATION OF THE OFFICE OF THE OMBUDSMAN, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::

Section 1. Title. — This Act shall be known as "The Ombudsman Act of 1989".

Section 2. Declaration of Policy. — The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.

Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, efficiency, act with patriotism and justice and lead modest lives.

Section 3. Office of the Ombudsman. — The Office of the Ombudsman shall include the Office of the Overall Deputy, the Office of the Deputy for Luzon, the Office of the Deputy for the Visayas, the Office of the Deputy for Mindanao, the Office of the Deputy for the Armed Forces, and the Office of the Special Prosecutor. The President may appoint other Deputies as the necessity for it may arise, as recommended by the Ombudsman.

Section 4. Appointment. — The Ombudsman and his Deputies, including the Special Prosecutor, shall be appointed by the President from a list of at least twenty-one (21) nominees prepared by the Judicial and Bar Council, and from a list of three (3) nominees for each vacancy thereafter, which shall be filled within three (3) months after it occurs, each of which list shall be published in a newspaper of general circulation.

In the organization of the Office of the Ombudsman for filling up of positions therein, regional, cultural or ethnic considerations shall be taken into account to the end that the Office shall be as much as possible representative of the regional, ethnic and cultural make-up of the Filipino nation.

Section 5. Qualifications. — The Ombudsman and his Deputies, including the Special Prosecutor, shall be natural-born citizens of the Philippines, at least forty (40) years old, of recognized probity and independence, members of the Philippine Bar, and must not have been candidates for any elective national or local office in the immediately preceding election whether regular or special. The Ombudsman must have, for ten (10) years or more, been a judge or engaged in the practice of law in the Philippines.

Section 6. Rank and Salary. — The Ombudsman and his Deputies shall have the same ranks, salaries and privileges as the Chairman and members, respectively, of a Constitutional Commission. Their salaries shall not be decreased during their term of office.

The members of the prosecution, investigation and legal staff of the Office of the Ombudsman shall receive salaries which shall not be less than those given to comparable positions in any office in the Government.

Section 7. Term of Office. — The Ombudsman and his Deputies, including the Special Prosecutor, shall serve for a term of seven (7) years without reappointment.

Section 8. Removal; Filling of Vacancy. —

(1) In accordance with the provisions of Article XI of the Constitution, the Ombudsman may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust.

(2) A Deputy or the Special Prosecutor, may be removed from office by the President for any of the grounds provided for the removal of the Ombudsman, and after due process.

(3) In case of vacancy in the Office of the Ombudsman due to death, resignation, removal or permanent disability of the incumbent Ombudsman, the Overall Deputy shall serve as Acting Ombudsman in a concurrent capacity until a new Ombudsman shall have been appointed for a full term.n case the Overall Deputy cannot assume the role of Acting Ombudsman, the President may designate any of the Deputies, or the Special Prosecutor, as Acting Ombudsman.

(4) In case of temporary absence or disability of the Ombudsman, the Overall Deputy shall perform the duties of the Ombudsman until the Ombudsman returns or is able to perform his duties.

Section 9. Prohibitions and Disqualifications. — The Ombudsman, his Deputies and the Special Prosecutor shall not, during their tenure, hold any other office or employment. They shall not, during said tenure, directly or indirectly practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise, or special privilege granted by the Government or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of their office. They shall not be qualified to run for any office in the election immediately following their cessation from office. They shall not be allowed to appear or practice before the Ombudsman for two (2) years following their cessation from office.

No spouse or relative by consanguinity or affinity within the fourth civil degree and no law, business or professional partner or associate of the Ombudsman, his Deputies or Special Prosecutor within one (1) year preceding the appointment may appear as counsel or agent on any matter pending before the Office of the Ombudsman or transact business directly or indirectly therewith.

This disqualification shall apply during the tenure of the official concerned. This disqualification likewise extends to the law, business or professional firm for the same period.

Section 10. Disclosure of Relationship. — It shall be the duty of the Ombudsman, his Deputies, including the Special Prosecutor to make under oath, to the best of their knowledge and/or information, a public disclosure of the identities of, and their relationship with the persons referred to in the preceding section.

The disclosure shall be filed with the Office of the President and the Office of the Ombudsman before the appointee assumes office and every year thereafter. The disclosures made pursuant to this section shall form part of the public records and shall be available to any person or entity upon request.

Section 11. Structural Organization. — The authority and responsibility for the exercise of the mandate of the Office of the Ombudsman and for the discharge of its powers and functions shall be vested in the Ombudsman, who shall have supervision and control of the said office.

(1) The Office of the Ombudsman may organize such directorates for administration and allied services as may be necessary for the effective discharge of its functions. Those appointed as directors or heads shall have the rank and salary of line bureau directors.

(2) The Office of the Overall Deputy shall oversee and administer the operations of the different offices under the Office of Ombudsman.t shall likewise perform such other functions and duties assigned to it by the Ombudsman.

(3) The Office of the Special Prosecutor shall be composed of the Special Prosecutor and his prosecution staff. The Office of the Special Prosecutor shall be an organic component of the Office of the Ombudsman and shall be under the supervision and control of the Ombudsman.

(4) The Office of the Special Prosecutor shall, under the supervision and control and upon the authority of the Ombudsman, have the following powers:

(a) To conduct preliminary investigation and prosecute criminal cases within the jurisdiction of the Sandiganbayan;

(b) To enter into plea bargaining agreements; and

(c) To perform such other duties assigned to it by the Ombudsman.

The Special Prosecutor shall have the rank and salary of a Deputy Ombudsman.

(5) The position structure and staffing pattern of the Office of the Ombudsman, including the Office of the Special Prosecutor, shall be approved and prescribed by the Ombudsman. The Ombudsman shall appoint all officers and employees of the Office of the Ombudsman, including those of the Office of the Special Prosecutor, in accordance with the Civil Service Law, rules and regulations.

Section 12. Official Stations. — The Ombudsman, the Overall Deputy, the Deputy for Luzon, and the Deputy for the Armed Forces shall hold office in Metropolitan Manila; the Deputy for the Visayas, in Cebu City; and the Deputy for Mindanao, in Davao City. The Ombudsman may transfer their stations within their respective geographical regions, as public interest may require.

Section 13. Mandate. — The Ombudsman and his Deputies, as protectors of the people, shall act promptly on complaints filed in any form or manner against officers or employees of the Government, or of any subdivision, agency or instrumentality thereof,

including government-owned or controlled corporations, and enforce their administrative, civil and criminal liability in every case where the evidence warrants in order to promote efficient service by the Government to the people.

Section 14. Restrictions. — No writ of injunction shall be issued by any court to delay an investigation being conducted by the Ombudsman under this Act, unless there is a prima facie evidence that the subject matter of the investigation is outside the jurisdiction of the Office of the Ombudsman.

No court shall hear any appeal or application for remedy against the decision or findings of the Ombudsman, except the Supreme Court, on pure question of law.

Section 15. Powers, Functions and Duties. — The Office of the Ombudsman shall have the following powers, functions and duties:

(1) Investigate and prosecute on its own or on complaint by any person, any act or omission of any public officer or employee, office or agency, when such act or omission appears to be illegal, unjust, improper or inefficient.t has primary jurisdiction over cases cognizable by the Sandiganbayan and, in the exercise of this primary jurisdiction, it may take over, at any stage, from any investigatory agency of Government, the investigation of such cases;

(2) Direct, upon complaint or at its own instance, any officer or employee of the Government, or of any subdivision, agency or instrumentality thereof, as well as any government-owned or controlled corporations with original charter, to perform and expedite any act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in the performance of duties;

(3) Direct the officer concerned to take appropriate action against a public officer or employee at fault or who neglect to perform an act or discharge a duty required by law, and recommend his removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith; or enforce its disciplinary authority as provided in Section 21 of this Act: provided, that the refusal by any officer without just cause to comply with an order of the Ombudsman to remove, suspend, demote, fine, censure, or prosecute an officer or employee who is at fault or who neglects to perform an act or discharge a duty required by law shall be a ground for disciplinary action against said officer;

(4) Direct the officer concerned, in any appropriate case, and subject to such limitations as it may provide in its rules of procedure, to furnish it with copies of documents relating to contracts or transactions entered into by his office involving the disbursement or use of public funds or properties, and report any irregularity to the Commission on Audit for appropriate action;

(5) Request any government agency for assistance and information necessary in the discharge of its responsibilities, and to examine, if necessary, pertinent records and documents;

(6) Publicize matters covered by its investigation of the matters mentioned in paragraphs (1), (2), (3) and (4) hereof, when circumstances so warrant and with due prudence: provided, that the Ombudsman under its rules and regulations may determine what cases may not be made public: provided, further, that any publicity issued by the Ombudsman shall be balanced, fair and true;

(7) Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the Government, and make recommendations for their elimination and the observance of high standards of ethics and efficiency;

(8) Administer oaths, issue subpoena and subpoena duces tecum, and take testimony in any investigation or inquiry, including the power to examine and have access to bank accounts and records;

(9) Punish for contempt in accordance with the Rules of Court and under the same procedure and with the same penalties provided therein;

(10) Delegate to the Deputies, or its investigators or representatives such authority or duty as shall ensure the effective exercise or performance of the powers, functions, and duties herein or hereinafter provided;

(11) Investigate and initiate the proper action for the recovery of ill-gotten and/or unexplained wealth amassed after February 25, 1986 and the prosecution of the parties involved therein.

The Ombudsman shall give priority to complaints filed against high ranking government officials and/or those occupying supervisory positions, complaints involving grave offenses as well as complaints involving large sums of money and/or properties.

Section 16. Applicability. — The provisions of this Act shall apply to all kinds of malfeasance, misfeasance, and non-feasance that have been committed by any officer or employee as mentioned in Section 13 hereof, during his tenure of office.

Section 17. Immunities. — In all hearings, inquiries, and proceedings of the Ombudsman, including preliminary investigations of offenses, nor person subpoenaed to testify as a witness shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda and/or other records on the ground that the testimony or evidence, documentary or otherwise, required of him, may tend to incriminate him or subject him to prosecution: provided, that no person shall be prosecuted criminally for or on account of any matter concerning which he is compelled, after having claimed the privilege against self-incrimination, to testify and produce evidence, documentary or otherwise.

Under such terms and conditions as it may determine, taking into account the pertinent provisions of the Rules of Court, the Ombudsman may grant immunity from criminal prosecution to any person whose testimony or whose possession and production of documents or other evidence may be necessary to determine the truth in any hearing, inquiry or proceeding being conducted by the Ombudsman or under its authority, in the performance or in the furtherance of its constitutional functions and statutory objectives. The immunity granted under this and the immediately preceding paragraph shall not exempt the witness from criminal prosecution for perjury or false testimony nor shall he be exempt from demotion or removal from office.

Any refusal to appear or testify pursuant to the foregoing provisions shall be subject to punishment for contempt and removal of the immunity from criminal prosecution.

Section 18. Rules of Procedure. —

(1) The Office of the Ombudsman shall promulgate its rules of procedure for the effective exercise or performance of its powers, functions, and duties.

(2) The rules of procedure shall include a provision whereby the Rules of Court are made suppletory.

(3) The rules shall take effect after fifteen (15) days following the completion of their publication in the Official Gazette or in three (3) newspapers of general circulation in the Philippines, one of which is printed in the national language.

Section 19. Administrative Complaints. — The Ombudsman shall act on all complaints relating, but not limited to acts or omissions which:

(1) Are contrary to law or regulation;

(2) Are unreasonable, unfair, oppressive or discriminatory;

(3) Are inconsistent with the general course of an agency's functions, though in accordance with law;

(4) Proceed from a mistake of law or an arbitrary ascertainment of facts;

(5) Are in the exercise of discretionary powers but for an improper purpose; or

(6) Are otherwise irregular, immoral or devoid of justification.

Section 20. Exceptions. — The Office of the Ombudsman may not conduct the necessary investigation of any administrative act or omission complained of if it believes that:

(1) The complainant has an adequate remedy in another judicial or quasi-judicial body;

(2) The complaint pertains to a matter outside the jurisdiction of the Office of the Ombudsman;

(3) The complaint is trivial, frivolous, vexatious or made in bad faith;

(4) The complainant has no sufficient personal interest in the subject matter of the grievance; or

(5) The complaint was filed after one (1) year from the occurrence of the act or omission complained of.

Section 21. Official Subject to Disciplinary Authority; Exceptions. — The Office of the Ombudsman shall have disciplinary authority over all elective and appointive officials of the Government and its subdivisions, instrumentalities and agencies, including Members of the Cabinet, local government, government-owned or controlled corporations and their subsidiaries, except over officials who may be removed only by impeachment or over Members of Congress, and the Judiciary.

Section 22. Investigatory Power. — The Office of the Ombudsman shall have the power to investigate any serious misconduct in office allegedly committed by officials removable by impeachment, for the purpose of filing a verified complaint for impeachment, if warranted.

In all cases of conspiracy between an officer or employee of the government and a private person, the Ombudsman and his Deputies shall have jurisdiction to include such private person in the investigation and proceed against such private person as the evidence may warrant. The officer or employee and the private person shall be tried jointly and shall be subject to the same penalties and liabilities.

Section 23. Formal Investigation. —

(1) Administrative investigations conducted by the Office of the Ombudsman shall be in accordance with its rules of procedure and consistent with due process.

(2) At its option, the Office of the Ombudsman may refer certain complaints to the proper disciplinary authority for the institution of appropriate administrative proceedings against erring public officers or employees, which shall be determined within the period prescribed in the civil service law. Any delay without just cause in acting on any referral made by the Office of the Ombudsman shall be a ground for administrative action against the officers or employees to whom such referrals are addressed and shall constitute a graft offense punishable by a fine of not exceeding Five thousand pesos (P5,000.00).

(3) In any investigation under this Act the Ombudsman may: (a) enter and inspect the premises of any office, agency, commission or tribunal; (b) examine and have access to any book, record, file, document or paper; and (c) hold private hearings with both the complaining individual and the official concerned.

Section 24. Preventives Suspension. — The Ombudsman or his Deputy may preventively suspend any officer or employee under his authority pending an investigation, if in his judgment the evidence of guilt is strong, and (a) the charge against such officer or employee involves dishonesty, oppression or grave misconduct or neglect in the performance of duty; (b) the charges would warrant removal from the service; or (c) the respondent's continued stay in office may prejudice the case filed against him.

The preventive suspension shall continue until the case is terminated by the Office of the Ombudsman but not more than six (6) months, without pay, except when the delay in the disposition of the case by the Office of the Ombudsman is due to the fault, negligence or petition of the respondent, in which case the period of such delay shall not be counted in computing the period of suspension herein provided.

Section 25. Penalties. —

(1) In administrative proceedings under Presidential Decree No. 807, the penalties and rules provided therein shall be applied.

(2) In other administrative proceedings, the penalty ranging from suspension without pay for one (1) year to dismissal with forfeiture of benefits or a fine ranging from Five thousand pesos (P5,000.00) to twice the amount malversed, illegally taken or lost, or both at the discretion of the Ombudsman, taking into consideration circumstances that mitigate or aggravate the liability of the officer or employee found guilty of the complaint or charges.

Section 26. Inquiries. —

(1) The Office of the Ombudsman shall inquire into acts or omissions of a public officer, employee, office or agency which, from the reports or complaints it has received, the Ombudsman or his Deputies consider to be:

(a) contrary to law or regulation;

(b) unreasonable, unfair, oppressive, irregular or inconsistent with the general course of the operations and functions of a public officer, employee, office or agency;

(c) an error in the application or interpretation of law, rules or regulations, or a gross or palpable error in the appreciation of facts;

(d) based on improper motives or corrupt considerations;

(e) unclear or inadequately explained when reasons should have been revealed; or

(f) inefficient performed or otherwise objectionable.

(2) The Officer of the Ombudsman shall receive complaints from any source in whatever form concerning an official act or omission.t shall act on the complaint immediately and if it finds the same entirely baseless, it shall dismiss the same and inform the complainant of such dismissal citing the reasons therefor.f it finds a reasonable ground to investigate further, it shall first furnish the respondent public officer or employee with a summary of the complaint and require him to submit a written answer within seventy-two (72) hours from receipt thereof.f the answer is found satisfactory, it shall dismiss the case.

(3) When the complaint consists in delay or refusal to perform a duty required by law, or when urgent action is necessary to protect or preserve the rights of the complainant, the Office of the Ombudsman shall take steps or measures and issue such orders directing the officer, employee, office or agency concerned to:

(a) expedite the performance of duty;

(b) cease or desist from the performance of a prejudicial act;

(c) correct the omission;

(d) explain fully the administrative act in question; or

(e) take any other steps as may be necessary under the circumstances to protect and preserve the rights of the complainant.

(4) Any delay or refusal to comply with the referral or directive of the Ombudsman or any of his Deputies, shall constitute a ground for administrative disciplinary action against the officer or employee to whom it was addressed.

Section 27. Effectivity and Finality of Decisions. — (1) All provisionary orders of the Office of the Ombudsman are immediately effective and executory.

A motion for reconsideration of any order, directive or decision of the Office of the Ombudsman must be filed within five (5) days after receipt of written notice and shall be entertained only on any of the following grounds:

(1) New evidence has been discovered which materially affects the order, directive or decision;

(2) Errors of law or irregularities have been committed prejudicial to the interest of the movant. The motion for reconsideration shall be resolved within three (3) days from filing: provided, that only one motion for reconsideration shall be entertained.

Findings of fact by the Officer of the Ombudsman when supported by substantial evidence are conclusive. Any order, directive or decision imposing the penalty of public censure or reprimand, suspension of not more than one (1) month's salary shall be final and unappealable.

In all administrative disciplinary cases, orders, directives, or decisions of the Office of the Ombudsman may be appealed to the Supreme Court by filing a petition for certiorari within ten (10) days from receipt of the written notice of the order, directive or decision or denial of the motion for reconsideration in accordance with Rule 45 of the Rules of Court.

The above rules may be amended or modified by the Office of the Ombudsman as the interest of justice may require.

Section 28. Investigation in Municipalities, Cities and Provinces. — The Office of the Ombudsman may establish offices in municipalities, cities and provinces outside Metropolitan Manila, under the immediate supervision of the Deputies for Luzon, Visayas and Mindanao, where necessary as determined by the Ombudsman. The investigation of complaints may be assigned to the regional or sectoral deputy concerned or to a special investigator who shall proceed in accordance with the rules or special instructions or directives of the Office of the Ombudsman. Pending investigation the deputy or investigator may issue orders and provisional remedies which are immediately executory subject to review by the Ombudsman. Within three (3) days after concluding the investigation, the deputy or investigator shall transmit, together with the entire records of the case, his report and conclusions to

the Office of the Ombudsman. Within five (5) days after receipt of said report, the Ombudsman shall render the appropriate order, directive or decision.

Section 29. Change of Unjust Laws. — If the Ombudsman believes that a law or regulation is unfair or unjust, he shall recommend to the President and to Congress the necessary changes therein or the repeal thereof.

Section 30. Transmittal/Publication of Decision. — In every case where the Ombudsman has reached a decision, conclusion or recommendation adverse to a public official or agency, he shall transmit his decision, conclusion, recommendation or suggestion to the head of the department, agency or instrumentality, or of the province, city or municipality concerned for such immediate action as may be necessary. When transmitting his adverse decision, conclusion or recommendation, he shall, unless excused by the agency or official affected, include the substance of any statement the public agency or official may have made to him by way of explaining past difficulties with or present rejection of the Ombudsman's proposals.

Section 31. Designation of Investigators and Prosecutors. — The Ombudsman may utilize the personnel of his office and/or designate or deputize any fiscal, state prosecutor or lawyer in the government service to act as special investigator or prosecutor to assist in the investigation and prosecution of certain cases. Those designated or deputized to assist him herein provided shall be under his supervision and control.

The Ombudsman and his investigators and prosecutors, whether regular members of his staff or designated by him as herein provided, shall have authority to administer oaths, to issue subpoena and subpoena duces tecum, to summon and compel witnesses to appear and testify under oath before them and/or bring books, documents and other things under their control, and to secure the attendance or presence of any absent or recalcitrant witness through application before the Sandiganbayan or before any inferior or superior court having jurisdiction of the place where the witness or evidence is found.

Section 32. Rights and Duties of Witness. —

(1) A person required by the Ombudsman to provide the information shall be paid the same fees and travel allowances as are extended to witnesses whose attendance has been required in the trial courts. Upon request of the witness, the Ombudsman shall also furnish him such security for his person and his family as may be warranted by the circumstances. For this purpose, the Ombudsman may, at its expense, call upon any police or constabulary unit to provide the said security.

(2) A person who, with or without service or compulsory process, provides oral or documentary information requested by the Ombudsman shall be accorded the same privileges and immunities as are extended to witnesses in the courts, and shall likewise be entitled to the assistance of counsel while being questioned.

(3) If a person refuses to respond to the Ombudsman's or his Deputy's subpoena, or refuses to be examined, or engages in obstructive conduct, the Ombudsman or his Deputy shall issue an order directing the person to appear before him to show cause why he should not be punished for contempt. The contempt proceedings shall be conducted pursuant to the provisions of the Rules of Court.

Section 33. Duty to Render Assistance to the Office of the Ombudsman. — Any officer or employee of any department, bureau or office, subdivision, agency or instrumentality of the Government, including government-owned or controlled corporations and local governments, when required by the Ombudsman, his Deputy or the Special Prosecutor shall render assistance to the Office of the Ombudsman.

Section 34. Annual Report. — The Office of the Ombudsman shall render an annual report of its activities and performance to the President and to Congress to be submitted within thirty (30) days from the start of the regular session of Congress.

Section 35. Malicious Prosecution. — Any person who, actuated by malice or gross bad faith, files a completely unwarranted or false complaint against any government official or employee shall be subject to a penalty of one (1) month and one (1) day to six (6) months imprisonment and a fine not exceeding Five thousand pesos (P5,000.00).

Section 36. Penalties for Obstruction. — Any person who willfully obstructs or hinders the proper exercise of the functions of the Office of the Ombudsman or who willfully misleads or attempts to mislead the Ombudsman, his Deputies and the Special Prosecutor in replying to their inquiries shall be punished by a fine of not exceeding Five thousand pesos (P5,000.00).

Section 37. Franking Privilege. — All official mail matters and telegrams of the Ombudsman addressed for delivery within the Philippines shall be received, transmitted, and delivered free of charge: provided, that such mail matters when addressed to private persons or nongovernment offices shall not exceed one hundred and twenty (120) grams. All mail matters and telegrams sent through government telegraph facilities containing complaints to the Office of the Ombudsman shall be transmitted free of charge, provided that the telegram shall contain not more than one hundred fifty (150) words.

Section 38. Fiscal Autonomy. — The Office of the Ombudsman shall enjoy fiscal autonomy. Appropriations for the Office of the Ombudsman may not be reduced below the amount appropriated for the previous years and, after approval, shall be automatically and regularly released.

Section 39. Appropriations. — The appropriation for the Office of the Special Prosecutor in the current General Appropriations Act is hereby transferred to the Office of the Ombudsman. Thereafter, such sums as may be necessary shall be included in the annual General Appropriations Act.

Section 40. Separability Clause. — If any provision of this Act is held unconstitutional, other provisions not affected thereby shall remain valid and binding.

Section 41. Repealing Clause. — All laws, presidential decrees, letters of instructions, executive orders, rules and regulations insofar as they are inconsistent with this Act, are hereby repealed or amended as the case may be.

Section 42. Effectivity. — This Act shall take effect after fifteen (15) days following its publication in the Official Gazette or in three (3) newspapers of general circulation in the Philippines.

Approved: November 17, 1989.

EO 292 Section 9. Public Participation. -

(1) If not otherwise required by law, an agency shall, as far as practicable, publish or circulate notices of proposed rules and afford interested parties the opportunity to submit their views prior to the adoption of any rule.

(2) In the fixing of rates, no rule or final order shall be valid unless the proposed rates shall have been published in a newspaper of general circulation at least two (2) weeks before the first hearing thereon.

(3) In case of opposition, the rules on contested cases shall be observed.

Section 17. Licensing Procedure. -

(1) When the grant, renewal, denial or cancellation of a license is required to be preceded by notice and hearing, the provisions concerning contested cases shall apply insofar as practicable.

(2) Except in cases of willful violation of pertinent laws, rules and regulations or when public security, health, or safety require otherwise, no license may be withdrawn, suspended, revoked or annulled without notice and hearing.

Section 18. Non-expiration of License. - Where the licensee has made timely and sufficient application for the renewal of a license with reference to any activity of a continuing nature, the existing license shall not expire until the application shall have been finally determined by the agency.

CHAPTER 4ADMINISTRATIVE APPEAL IN CONTESTED CASES

Section 19. Appeal. - Unless otherwise provided by law or executive order, an appeal from a final decision of the agency may be taken to the Department head.

Section 20. Perfection of Administrative Appeals. -

(1) Administrative appeals under this Chapter shall be perfected within fifteen (15) days after receipt of a copy of the decision complained of by the party adversely affected, by filing with the agency which adjudicated the case a notice of appeal, serving copies thereof upon the prevailing party and the appellate agency, and paying the required fees.

(2) If a motion for reconsideration is denied, the movant shall have the right to perfect his appeal during the remainder of the period for appeal, reckoned from receipt of the resolution of denial. If the decision is reversed on reconsideration, the aggrieved party shall have fifteen (15) days from receipt of the resolution of reversal within which to perfect his appeal.

(3) The agency shall, upon perfection of the appeal, transmit the records of the case to the appellate agency.

Section 21. Effect of Appeal. - The appeal shall stay the decision appealed from unless otherwise provided by law, or the appellate agency directs execution pending appeal, as it may deem just, considering the nature and circumstances of the case.

Section 22. Action on Appeal. - The appellate agency shall review the records of the proceedings and may, on its own initiative or upon motion, receive additional evidence.

Section 23. Finality of Decision of Appellate Agency. - In any contested case, the decision of the appellate agency shall become final and executory fifteen (15) days after the receipt by the parties of a copy thereof.

ROVIDING FOR A GENERAL REGISTRATION OF VOTERS, ADOPTING A SYSTEM OF CONTINUING REGISTRATION, 

PRESCRIBING THE PROCEDURES THEREOF ANDAUTHORIZING THE APPROPRIATION OF FUNDS THEREFOR

Date: 11 June 1996"The Voter's Registration Act of 1996."

Sec. 9. Who may Register. - All citizens of the Philippines not otherwise disqualified by law who are at least eighteen (18) years of

age, and who shall have resided in the Philippines for at least one (1) year, and in the place wherein they propose to vote, for at

least six (6) months immediately preceding the election, may register as a voter.

Any person who temporarily resides in another city, municipality or country solely by reason of his occupation, profession,

employment in private or public service, educational activities, work in the military or naval reservations within the Philippines,

service in the Armed Forces of the Philippines, the National Police Forces, or confinement or detention in government institutions in

accordance with law, shall not be deemed to have lost his original residence.

Any person, who, on the day of registration may not have reached the required age or period of residence but, who, on the day of

the election shall possess such qualifications, may register as a voter.

Sec. 11. Disqualification. - The following shall be disqualified from registering:

a. Any person who has been sentenced by final judgment to suffer imprisonment of not less than one (1) year, such disability

not having been removed by plenary pardon or amnesty: Provided, however, That any person disqualified to vote under

this paragraph shall automatically reacquire the right to vote upon expiration of five (5) years after service of sentence;

b. Any person who has been adjudged by final judgment by a competent court or tribunal of having committed any crime

involving disloyalty to the duly constituted government such as rebellion, sedition, violation of the firearms laws or any

crime against national security, unless restored to his full civil and political rights in accordance with law: Provided, That

he shall automatically reacquire the right to vote upon expiration of five (5) years after service of sentence; and

c. Insane or incompetent persons declared as such by competent authority unless subsequently declared by proper

authority that such person is no longer insane or incompetent.

Sec. 3. Definition of Terms. - As used in this Act:

a. Registration refers to the act of accomplishing and filing of a sworn application for registration by a qualified voter before

the election officer of the city or municipality wherein he resides and including the same in the book of registered voters

upon approval by the Election Registration Board;

b. Registration Record refers to an application for registration duly approved by the Election Registration Board;

c. Book of Voters refers to the compilation of all registration records in a precinct;

d. List of Voters refers to an enumeration of names of registered voters in a precinct duly certified by the Election

Registration Board for use in the election;

e. Illiterate or Disabled person refers to one who cannot by himself prepare an application for registration because of his

physical disability and/or inability to read and write;

f. Commission refers to the Commission on Elections (COMELEC);

g. Election Registration Board refers to the body constituted herein to act on all applications for registration;

h. Voter's Identification Number (VIN) refers to the number assigned by the Commission on Elections to a registered voter

that shall consist of three (3) parts:

1. The current address (city/municipality and province);

2. the current precinct assignment of the voter; and

3. the permanent birth and name code unique to every voter;

i. Political Parties refer to local, regional or national political parties existing and duly registered and accredited by the

Commission;

j. Precinct refers to the basic unit of territory established by the Commission for the purpose of voting;

k. Precinct Maps refers to a sketch or drawing of a geographical area stated in terms of streets or street blocks or sitios the

residents of which would belong to a particular precinct;

l. Polling place refers to the place where the Board of Election Inspectors conducts its proceeding and where the voters

cast their votes;

m. Voting center refers to the building or place where the polling place is located;

n. Election Officer refers to the highest official or authorized representative of the Commission in a city or municipality; and

o. Board of Election Inspectors refers to the body which conducts the election in the polling place of the precinct usually

composed of three (3) public school teachers appointed by the Commission.

Sec. 4. Permanent List of Voters - There shall be a permanent list of voters per precinct in each city or municipality consisting of

all registered voters residing within the territorial jurisdiction of every precinct indicated by the precinct maps.

Such precinct-level list of voters shall be accompanied by an addition/deletion list for the purpose of updating the list.

For the purpose of the 1997 general registration, the Commission shall cause the preparation and posting of all precinct maps in

every barangay nationwide. Five days before the 1997 general registration, individual precinct maps shall be posted at the door of

each polling place. Subsequently, the Election Officer shall be responsible for the display, throughout the year, of precinct maps in

his office and in the bulletin board of the city or municipal hall.

The precinct assignment of a voter in the permanent list of voters shall not be changed or altered or transferred to another precinct

without the express written consent of the voter: Provided, however, That the voter shall not unreasonably withhold such consent.

Any violation thereof shall constitute an election offense which shall be punished in accordance with law.

Sec. 14. Illiterate or Disabled Applicants. - Any illiterate person may register with the assistance of the Election Officer or any

member of an accredited citizen's arms. The Election Officer shall place such illiterate person under oath, ask him the questions,

and record the answers given in order to accomplish the application form in the presence of the majority of the members of the

Board. The Election Officer or any member of an accredited citizen's arm shall read the accomplished form aloud to the person

assisted and ask him if the information given is true and correct The accomplished form shall be subscribed by the applicant in the

presence of the Board by means of thumbmark or some other customary mark and it shall be subscribed and attested by the

majority of the members of the Board.

The attestation shall state the name of the person assisted, the name of the Election Officer or the member of the accredited

citizen's arm who assisted the applicant, the fact that the Election Officer placed the applicant under oath, that the Election Officer or

the member of the accredited citizen's arm who assisted the applicant read the accomplished form to the person assisted, and that

the person assisted affirmed its truth and accuracy, by placing his thumbmark or some other customary mark on the application in

the presence of the Board.

The application for registration of a physically disabled person may be prepared by any relative within the fourth civil degree of

consanguinity or affinity or by the Election Officer or any member of an accredited citizen's arm using the data supplied by the

applicant. The fact of illiteracy or disability shall be so indicated in the application.

Sec. 18. Challenges to Right to Register. - Any voter, candidate or representative of a registered political party may challenge in

writing any application for registration, stating the grounds therefor. The challenge shall be under oath and be attached to the

application, together with the proof of notice of hearing to the challenger and the applicant.

Oppositions to contest a registrant's application for inclusion in the voter's list must, in all cases, be filed not later than the second

Monday of the month in which the same is scheduled to be heard or processed by the Election Registration Board. Should the

second Monday of the month fall on a non-working holiday, oppositions may be filed on the next following working day. The hearing

on the challenge shall be heard on the third Monday of the month and the decision shall be rendered before the end of the month.

Sec. 33. Jurisdiction in Inclusion and Exclusion Case. The Municipal and Metropolitan Trial Courts shall have original and

exclusive jurisdiction over all cases of inclusion and exclusion of voters in their respective cities or municipalities. Decisions of the

Municipal or Metropolitan Trial Courts may be appealed by the aggrieved party to the Regional Trial Court within five (5) days from

receipt of notice thereof. Otherwise, said decision shall become final and executory. The regional trial court shall decide the appeal

within ten (10) days from the time it is received and the decision shall immediately become final and executory. No motion for

reconsideration shall be entertained.

Sec. 34. Petition for Inclusion of Voters in the List. - Any person whose application for registration has been disapproved by the

Board or whose name has been stricken out from the list may file with the court a petition to include his name in the permanent list

of voters in his precinct at any time except one hundred five (105) days prior to a regular election or seventy-five (75) days prior to a

special election. It shall be supported by a certificate of disapproval of his application and proof of service of notice of his petition

upon the Board. The petition shall be decided within fifteen (15) days after its filing.

If the decision is for the inclusion of voters in the permanent list of voters, the Board shall place the application for registration

previously disapproved in the corresponding book of voters and indicate in the application for registration the date of the order of

inclusion and the court which issued the same.

Sec. 35. Petition for Exclusion of Voters from the List. - Any registered voters, representative of a political party or the Election

Officer, may file with the court a sworn petition for the exclusion of a voter from the permanent list of voters giving the name,

address and the precinct of the challenged voter at any time except one hundred (100) days prior to a regular election or sixty-five

(65) days before a special election. The petition shall be accompanied by proof of notice to the Board and to the challenged voter

and shall be decided within ten (10) days from its filing.

If the decision is for the exclusion of the voter from the list, the Board shall, upon receipt of the final decision, remove the voter's

registration record from the corresponding book of voters, enter the order of exclusion therein, and thereafter place the record in the

inactive file.

Sec. 36. Verification of Registered Voters. - The Election officer shall, in order to preserve the integrity of the permanent list of

voters, file exclusion proceedings when necessary, and verify the list of the registered voters of any precinct by regular mail or

house to house canvass.

The Commission may enlist the help of representatives of political parties and deputize non-government organizations (NGOs), civic

organizations and barangay officials to assist in the verification and house to house canvass of registered voters in every precinct.

Sec. 37. Voter Excluded Through Inadvertence or Registered with an Erroneous or Misspelled Name.  - Any registered voter

who has not been included in the precinct certified list of voters or who has been included therein with a wrong or misspelled name

may file with the Board an application for reinstatement or correction of name. If it is denied or not acted upon, he may file on any

date with the proper Municipal Circuit, Municipal or Metropolitan Trial Court a petition for an order directing that his name be entered

or corrected in the list. He shall attach to the petition a certified copy of his registration record or identification card or the entry of his

name in the certified list of voters used in the preceding election, together with the proof that his application was denied or not acted

upon by the Board and that he has served notice to the Board.

7941AN ACT PROVIDING FOR THE ELECTION OF PARTY-LIST REPRESENTATIVES THROUGH THE PARTY-LIST SYSTEM, AND APPROPRIATING FUNDS THEREFOR

Section 6. Refusal and/or Cancellation of Registration. The COMELEC may, motu propio or upon verified complaint of any interested party, refuse or cancel, after due notice and hearing, the registration of any national, regional or sectoral party, organization or coalition on any of the following grounds:

(1) It is a religious sect or denomination, organization or association, organized for religious purposes;

(2) It advocates violence or unlawful means to seek its goal;

(3) It is a foreign party or organization;

(4) It is receiving support from any foreign government, foreign political party, foundation, organization, whether directly or through any of its officers or members or indirectly through third parties for partisan election purposes;

(5) It violates or fails to comply with laws, rules or regulations relating to elections;

(6) It declares untruthful statements in its petition;

(7) It has ceased to exist for at least one (1) year; or

(8) It fails to participate in the last two (2) preceding elections or fails to obtain at least two per centum (2%) of the votes cast under the party-list system in the two (2) preceding elections for the constituency in which it has registered.

OMNIBUS ELECTION CODE

ELIGIBILITY OF CANDIDATES AND CERTIFICATE OF CANDIDACY

  

Sec. 63. Qualifications for President and Vice-President of the Philippines. - No person may be elected President unless he

is a natural-born citizen of the Philippines, a registered voter, able to read and write, at least forty years of age on the day

of election, and a resident of the Philippines for at least ten years immediately preceding such election.

Sec. 64. Qualifications for Members of the Batasang Pambansa. - No person shall be elected Member of the Batasang

Pambansa as provincial, city or district representative unless he is a natural-born citizen of the Philippines and, on the day

of the election, is at least twenty-five years of age, able to read and write, a registered voter in the constituency in which he

shall be elected, and a resident thereof for a period of not less than six months immediately preceding the day of the

election.

A sectoral representative shall be a natural-born citizen of the Philippines, able to read and write, a resident of the

Philippines, able to read and write, a resident of the Philippines for a period of not less than one year immediately

preceding the day of the election, a bona fide member of the sector he seeks to represent, and in the case of a

representative of the agricultural or industrial labor sector, shall be a registered voter, and on the day of the election is at

least twenty-five years of age. The youth sectoral representative should at least be eighteen and not be more than twenty-

five years of age on the day of the election: Provided, however, That any youth sectoral representative who attains the age

of twenty-five years during his term shall be entitled to continue in office until the expiration of his term.

Sec. 77. Candidates in case of death, disqualification or withdrawal of another. - If after the last day for the filing of certificates of candidacy, an official candidate of a registered or accredited political party dies, withdraws or is disqualified for any cause, only a person belonging to, and certified by, the same political party may file a certificate of candidacy to replace the candidate who died, withdrew or was disqualified. The substitute candidate nominated by the political party concerned may file his certificate of candidacy for the office affected in accordance with the preceding sections not later than mid-day of the day of the election. If the death, withdrawal or disqualification should occur between the day before the election and mid-day of election day, said certificate may be filed with any board of election inspectors in the political subdivision where he is a candidate, or, in the case of candidates to be voted for by the entire electorate of the country, with the Commission.

RA 8436 Sec. 12. Substitution of candidates. - In case of valid substitutions after the official ballots have been printed, the votes cast for the substituted candidates shall be considered votes for the substitutes.

RA 9006Section 12. Substitution of Candidates. – In case of valid substitutions after the official ballots have been printed, the votes cast for the substituted candidates shall be considered as stray votes but shall not invalidate the whole ballot. For this purpose, the official ballots shall provide spaces where the voters may write the name of the substitute candidates if they are voting for the latter: Provided, however, That if the substitute candidate of the same family name, this provision shall not apply.

Sec. 76. Ministerial duty of receiving and acknowledging receipt. - The Commission, provincial election supervisor, election registrar or officer designated by the Commission or the board of election inspectors under the succeeding section shall have the ministerial duty to receive and acknowledge receipt of the certificate of candidacy. 

Sec. 69. Nuisance candidates. - The Commission may motu proprio or upon a verified petition of an interested party, refuse to give due course to or cancel a certificate of candidacy if it is shown that said certificate has been filed to put the election process in mockery or disrepute or to cause confusion among the voters by the similarity of the names of the registered candidates or by other circumstances or acts which clearly demonstrate that the candidate has no bona fide intention to run for the office for which the certificate of candidacy has been filed and thus prevent a faithful determination of the true will of the electorate.

. SPECIAL ACTIONS

 

Rule 23 - Petition to Deny Due Course to or Cancel Certificates of Candidacy

  

Section 1. Grounds for Denial of Certificate of Candidacy. - A petition to deny due course to or cancel a certificate of

candidacy for any elective office may be filed with the Law Department of the Commission by any citizen of voting age or a

duly registered political party, organization, or coalition or political parties on the exclusive ground that any material

representation contained therein as required by law is false.chanrobles virtual law library

Sec. 2. Period to File Petition. - The petition must be filed within five (5) days following the last day for the filing of

certificate of candidacy.chanrobles virtual law library

Sec. 3. Summary Proceeding. - The petition shall be heard summarily after due notice.chanrobles virtual law library

Sec. 4. Delegation of Reception of Evidence. - The Commission may designate any of its officials who are members of the

Philippine Bar to hear the case and to receive evidence.chanrobles virtual law library 

 

Rule 24 - Proceedings Against Nuisance Candidates

  

Section 1. Grounds. - Any candidate for any elective office who filed his certificate of candidacy to put the election process

in mockery or disrepute or to cause confusion among the voters by the similarity of the names of the registered

candidates or who by other acts or circumstances is clearly demonstrated to have no bona fide intention to run for the

office for which the certificate of candidacy has been filed, thus preventing a faithful determination of the true will of the

electorate, may be declared a nuisance candidate and his certificate of candidacy may be denied due course or may be

cancelled.chanrobles virtual law library

Sec. 2. Who May File Petition to Declare a Candidate as Nuisance Candidate. - Any registered candidate for the same

elective office may file with the Law Department of the Commission a petition to declare a candidate as a nuisance

candidate.chanrobles virtual law library

The Commission may, at any time before the election, motu proprio refuse to give due course to or cancel a Certificate of

Candidacy of any candidate on any of the grounds enumerated under Section 1 of this Rule or when the substitute

Certificate of Candidacy is not a proper case of substitution under Section 77 of the Omnibus Election Code.chanrobles

virtual law library

Sec. 3. Period to File the Petition. - The petition shall be filed personally or through an authorized representative, within

five (5) days from the last day for the filing of certificates of candidacy.chanrobles virtual law library

Sec. 4. Summary Proceeding. - The petition shall be heard summarily after due notice.chanrobles virtual law library

Sec. 5. Delegation of Reception of Evidence. - The hearing and reception of evidence may be delegated in like manner as

provided in Sec. 4 of the preceding Rule.chanrobles virtual law l

Sec. 72. Effects of disqualification cases and priority. - The Commission and the courts shall give priority to cases of

disqualification by reason of violation of this Act to the end that a final decision shall be rendered not later than seven

days before the election in which the disqualification is sought.

Any candidate who has been declared by final judgment to be disqualified shall not be voted for, and the votes cast for

him shall not be counted. Nevertheless, if for any reason, a candidate is not declared by final judgment before an election

to be disqualified and he is voted for and receives the winning number of votes in such election, his violation of the

provisions of the preceding sections shall not prevent his proclamation and assumption to office.

6646 AN ACT INTRODUCING ADDITIONAL REFORMS IN THE ELECTORAL SYSTEM AND FOR OTHER PURPOSESSec. 6. Effect of Disqualification Case. - Any candidate who has been declared by final judgment to be disqualified shall not be voted for, and the votes cast for him shall not be counted. If for any reason a candidate is not declared by final judgment before an election to be disqualified and he is voted for and receives the winning number of votes in such election, the Court or Commission shall continue with the trial and hearing of the action, inquiry, or protest and, upon motion of the complainant or any intervenor, may during the pendency thereof order the suspension of the proclamation of such candidate whenever the evidence of his guilt is strong.

Sec. 73. Certificate of candidacy. - No person shall be eligible for any elective public office unless he files a sworn

certificate of candidacy within the period fixed herein.

A person who has filed a certificate of candidacy may, prior to the election, withdraw the same by submitting to the office

concerned a written declaration under oath.

No person shall be eligible for more than one office to be filled in the same election, and if he files his certificate of

candidacy for more than one office, he shall not be eligible for any of them. However, before the expiration of the period

for the filing of certificates of candidacy, the person who was filed more than one certificate of candidacy may declare

under oath the office for which he desires to be eligible and cancel the certificate of candidacy for the other office or

offices.

The filing or withdrawal of a certificate of candidacy shall not affect whatever civil, criminal or administrative liabilities

which a candidate may have incurred. 

ec. 95. Prohibited contributions. - No contribution for purposes of partisan political activity shall be made directly or

indirectly by any of the following:chanroblesvirtuallawlibrary

(a) Public or private financial institutions: Provided, however, That nothing herein shall prevent the making of any loan to a

candidate or political party by any such public or private financial institutions legally in the business of lending money,

and that the loan is made in accordance with laws and regulations and in the ordinary course of business;

(b) Natural and juridical persons operating a public utility or in possession of or exploiting any natural resources of the

nation;

(c) Natural and juridical persons who hold contracts or sub-contracts to supply the government or any of its divisions,

subdivisions or instrumentalities, with goods or services or to perform construction or other works;

(d) Natural and juridical persons who have been granted franchises, incentives, exemptions, allocations or similar

privileges or concessions by the government or any of its divisions, subdivisions or instrumentalities, including

government-owned or controlled corporations;

(e) Natural and juridical persons who, within one year prior to the date of the election, have been granted loans or other

accommodations in excess of P100,000 by the government or any of its divisions, subdivisions or instrumentalities

including government-owned or controlled corporations;

(f) Educational institutions which have received grants of public funds amounting to no less than P100,000.00;

(g) Officials or employees in the Civil Service, or members of the Armed Forces of the Philippines; and

(h) Foreigners and foreign corporations.

It shall be unlawful for any person to solicit or receive any contribution from any of the persons or entities enumerated

herein.

RA 9006

Section 3. Lawful Election Propaganda. – Election propaganda, whether on television, cable television, radio, newspapers or any other medium is hereby allowed for all registered political parties, national, regional, sectoral parties or organizations participating under the party list elections and for all bona fide candidates seeking national and local elective positions subject to the limitation on authorized expenses of candidates and political parties, observance of truth in advertising and to the supervision and regulation by the Commission on Elections (COMELEC).

For the purpose of this Act, lawful election propaganda shall include:

3.1. Pamphlets, leaflets, cards, decals, stickers or other written or printed materials the size of which does not exceed eight and one half inches in width and fourteen inches in length;

3.2. Handwritten or printed letters urging voters to vote for or against any particular political party or candidate for public office;

3.3. Cloth, paper or cardboard posters, whether framed or posted, with an area not exceeding two (2) feet by three (3) feet, except that, at the site and on the occasion of a public meeting or rally, or in announcing the holding of said meeting or rally, streamers not exceeding three (3) feet by eight (8) feet in size, shall be allowed: Provided, That said streamers may be displayed five (5) days before the date of the meeting or rally and shall be removed within twenty-four (24) hours after said meeting or rally;

3.4. Paid advertisements in print or broadcast media: Provided, That the advertisements shall follow the requirements set forth in Section 4 of this Act; and

3.5. All other forms of election propaganda not prohibited by the Omnibus Election Code or this Act.

RA 6646 Sec. 11. Prohibited Forms of Election Propaganda. - In addition to the forms of election propaganda prohibited under

Section 85 of Batas Pambansa Blg. 881, it shall be unlawful:

a. to draw, paint, inscribe, write, post, display or publicly exhibit any election propaganda in any place, whether private or

public, except in the common poster areas and/or billboards provided in the immediately preceding section, at the

candidate's own residence, or at the campaign headquarters of the candidate or political party: Provided, That such

posters or election propaganda shall in no case exceed two (2) feet by three (3) feet in area:  Provided, further, That at the

site of and on the occasion of a public meeting or rally, streamers, not more than two (2) and not exceeding three (3) feet

by eight (8) feet each may be displayed five (5) days before the date of the meeting or rally, and shall be removed within

twenty-four (24) hours after said meeting or rally; and

b. for any newspaper, radio broadcasting or television station, or other mass media, or any person making use of the mass

media to sell or to give free of charge print space or air time for campaign or other political purposes except to the

Commission as provided under Sections 90 and 92 of Batas Pambansa Blg. 881. Any mass media columnist,

commentator, announcer or personality who is a candidate for any elective public office shall take a leave of absence from

his work as such during the campaign period.

OEC CAMPAIGN AND ELECTION PROPAGANDA

  

Sec. 79. Definitions. - As used in this Code:chanroblesvirtuallawlibrary

(a) The term "candidate" refers to any person aspiring for or seeking an elective public office, who has filed a certificate of

candidacy by himself or through an accredited political party, aggroupment, or coalition of parties;

(b) The term "election campaign" or "partisan political activity" refers to an act designed to promote the election or defeat

of a particular candidate or candidates to a public office which shall include:chanroblesvirtuallawlibrary  

 

(1) Forming organizations, associations, clubs, committees or other groups of persons for the purpose of soliciting votes

and/or undertaking any campaign for or against a candidate;

(2) Holding political caucuses, conferences, meetings, rallies, parades, or other similar assemblies, for the purpose of

soliciting votes and/or undertaking any campaign or propaganda for or against a candidate;

(3) Making speeches, announcements or commentaries, or holding interviews for or against the election of any candidate

for public office;

(4) Publishing or distributing campaign literature or materials designed to support or oppose the election of any candidate;

or

(5) Directly or indirectly soliciting votes, pledges or support for or against a candidate.

The foregoing enumerated acts if performed for the purpose of enhancing the chances of aspirants for nomination for

candidacy to a public office by a political party, aggroupment, or coalition of parties shall not be considered as election

campaign or partisan election activity.

Public expressions or opinions or discussions of probable issues in a forthcoming election or on attributes of or

criticisms against probable candidates proposed to be nominated in a forthcoming political party convention shall not be

construed as part of any election campaign or partisan political activity contemplated under this Article.

Sec. 80. Election campaign or partisan political activity outside campaign period. - It shall be unlawful for any person,

whether or not a voter or candidate, or for any party, or association of persons, to engage in an election campaign or

partisan political activity except during the campaign period: Provided, That political parties may hold political

conventions or meetings to nominate their official candidates within thirty days before the commencement of the

campaign period and forty-five days for Presidential and Vice-Presidential election. 

Sec. 81. Intervention of foreigners. - It shall be unlawful for any foreigner, whether judicial or natural person, to aid any

candidate or political party, directly or indirectly, or take part in or influence in any manner any election, or to contribute or

make any expenditure in connection with any election campaign or partisan political activity.

Sec. 82. Lawful election propaganda. - Lawful election propaganda shall include:chanroblesvirtuallawlibrary

(a) Pamphlets, leaflets, cards, decals, stickers or other written or printed materials of a size not more than eight and one-

half inches in width and fourteen inches in length;

(b) Handwritten or printed letters urging voters to vote for or against any particular candidate;

(c) Cloth, paper or cardboard posters, whether framed or posted, with an area exceeding two feet by three feet, except that,

at the site and on the occasion of a public meeting or rally, or in announcing the holding of said meeting or rally,

streamers not exceeding three feet by eight feet in size, shall be allowed: Provided, That said streamers may not be

displayed except one week before the date of the meeting or rally and that it shall be removed within seventy-two hours

after said meeting or rally; or

(d) All other forms of election propaganda not prohibited by this Code as the Commission may authorize after due notice

to all interested parties and hearing where all the interested parties were given an equal opportunity to be heard: Provided,

That the Commission's authorization shall be published in two newspapers of general circulation throughout the nation for

at least twice within one week after the authorization has been granted.

Sec. 83. Removal, destruction or defacement of lawful election propaganda prohibited. - It shall be unlawful for any person

during the campaign period to remove, destroy, obliterate, or in any manner deface or tamper with, or prevent the

distribution of lawful election propaganda.

Sec. 84. Requirements for published or printed election propaganda. - Any newspaper, newsletter, newsweekly, gazette or

magazine advertising, posters, pamphlets, circulars, handbills, bumper stickers, streamers, simple list of candidates or

any published or printed political matter for or against a candidate or group of candidates to any public office shall bear

and be identified by the words "paid for by" followed by the true and correct name and address of the payor and by the

words "printed by" followed by the true and correct name and address of the printer.

Sec. 85. Prohibited forms of election propaganda. - It shall be unlawful:chanroblesvirtuallawlibrary

(a) To print, publish, post or distribute any poster, pamphlet, circular, handbill, or printed matter urging voters to vote for

or against any candidate unless they bear the names and addresses of the printer and payor as required in Section 84

hereof;

(b) To erect, put up, make use of, attach, float or display any billboard, tinplate-poster, balloons and the like, of whatever

size, shape, form or kind, advertising for or against any candidate or political party;

(c) To purchase, manufacture, request, distribute or accept electoral propaganda gadgets, such as pens, lighters, fans of

whatever nature, flashlights, athletic goods or materials, wallets, shirts, hats, bandanas, matches, cigarettes and the like,

except that campaign supporters accompanying a candidate shall be allowed to wear hats and/or shirts or T-shirts

advertising a candidate;

(d) To show or display publicly any advertisement or propaganda for or against any candidate by means of

cinematography, audio-visual units or other screen projections except telecasts which may be allowed as hereinafter

provided; and

(e) For any radio broadcasting or television station to sell or give free of charge air time for campaign and other political

purposes except as authorized in this Code under the rules and regulations promulgated by the Commission pursuant

thereto.

Any prohibited election propaganda gadget or advertisement shall be stopped, confiscated or torn down by the

representative of the Commission upon specific authority of the Commission.

Sec. 86. Regulation of election propaganda through mass media. - (a) The Commission shall promulgate rules and

regulations regarding the sale of air time for partisan political purposes during the campaign period to insure the equal

time as to duration and quality in available to all candidates for the same office or political parties at the same rates or

given free of charge; that such rates are reasonable and not higher than those charged other buyers or users of air time

for non-political purposes; that the provisions of this Code regarding the limitation of expenditures by candidates and

political parties and contributions by private persons, entities and institutions are effectively enforced; and to ensure that

said radio broadcasting and television stations shall not unduly allow the scheduling of any program or permit any

sponsor to manifestly favor or oppose any candidate or political party by unduly or repeatedly referring to or including

said candidate and/or political party in such program respecting, however, in all instances the right of said stations to

broadcast accounts of significant or newsworthy events and views on matters of public interest.

(b) All contracts for advertising in any newspaper, magazine, periodical or any form of publication promoting or opposing

the candidacy of any person for public office shall, before its implementation, be registered by said newspaper, magazine,

periodical or publication with the Commission. In every case, it shall be signed by the candidate concerned or by the duly

authorized representative of the political party.

(c) No franchise or permit to operate a radio or television station shall be granted or issued, suspended or cancelled

during the election period.

Any radio or television stations, including that owned or controlled by the Government, shall give free of charge equal time

and prominence to an accredited political party or its candidates if it gives free of charge air time to an accredited political

party or its candidates for political purposes.

In all instances, the Commission shall supervise the use and employment of press, radio and television facilities so as to

give candidates equal opportunities under equal circumstances to make known their qualifications and their stand on

public issues within the limits set forth in this Code on election spending.

Rules and regulations promulgated by the Commission under and by authority of this section shall take effect on the

seventh day after their publication in at least two daily newspapers of general circulation. Prior to the effectivity of said

rules and regulations, no political advertisement or propaganda for or against any candidate or political party shall be

published or broadcast through the mass media.

Violation of the rules and regulations of the Commission issued to implement this section shall be an election offense

punishable under Section 264 hereof.

Sec. 87. Rallies, meetings and other political activities. - Subject to the requirements of local ordinances on the issuance of

permits, any political party supporting official candidates or any candidate individually or jointly with other aspirants may

hold peaceful political rallies, meetings, and other similar activities during the campaign period: Provided, That all

applications for permits to hold meetings, rallies and other similar political activities, receipt of which must be

acknowledged in writing and which application shall be immediately posted in a conspicuous place in the city or municipal

building, shall be acted upon in writing by local authorities concerned within three days after the filing thereof and any

application not acted upon within said period shall be deemed approved: and Provided, further, That denial of any

application for said permit shall be appealable to the provincial election supervisor or to the Commission whose decision

shall be made within forty-eight hours and which shall be final and executory: Provided, finally, That one only justifiable

ground for denial is a prior written application by any candidate or political party for the same purpose has been

approved. 

Sec. 88. Public rally. - Any political party or candidate shall notify the election registrar concerned of any public rally said

political party or candidate intends to organize and hold in the city or municipality, and within seven working days

thereafter submit to the election registrar a statement of expenses incurred in connection therewith.

Sec. 89. Transportation, food and drinks. - It shall be unlawful for any candidate, political party, organization, or any

person to give or accept, free of charge, directly or indirectly, transportation, food or drinks or things of value during the

five hours before and after a public meeting, on the day preceding the election, and on the day of the election; or to give or

contribute, directly or indirectly, money or things of value for such purpose.

Sec. 90. Comelec space. - The Commission shall procure space in at least one newspaper of general circulation in every

province or city: Provided, however, That in the absence of said newspaper, publication shall be done in any other

magazine or periodical in said province or city, which shall be known as "Comelec Space" wherein candidates can

announce their candidacy. Said space shall be allocated, free of charge, equally and impartially by the Commission among

all candidates within the area in which the newspaper is circulated.

Sec. 91. Comelec poster area. - Whenever practicable, the Commission shall also designate and provide for a common

poster are in strategic places in each town wherein candidates can announce and further their candidacy through posters,

said space to be likewise allocated free of charge, equally and impartially by the Commission among all the candidates

concerned.

Sec. 92. Comelec time. - The Commission shall procure radio and television time to be known as "Comelec Time" which

shall be allocated equally and impartially among the candidates within the area of coverage of all radio and television

stations. For this purpose, the franchise of all radio broadcasting and television station are hereby amended so as to

provide radio television time, free of charge, during the period of the campaign.

Sec. 93. Comelec information bulletin. - The Commission shall cause the printing, and supervise the dissemination of

bulletins to be known as "Comelec Bulletin" which shall be of such size as to adequately contain the picture, bio-data and

program of government of every candidate. Said bulletin shall be disseminated to the voters or displayed in such places

as to give due prominence thereto. Any candidate may reprint at his expense, any "Comelec Bulletin" upon prior authority

of the Commission: Provided, That the printing of the names of the different candidates with their bio-data must be in

alphabetical order irrespective of party affiliation. 

 

Sec. 100. Limitations upon expenses of candidates. - No candidate shall spend for his election campaign an aggregate

amount exceeding one peso and fifty centavos for every voter currently registered in the constituency where he filed his

candidacy: Provided, That the expenses herein referred to shall include those incurred or caused to be incurred by the

candidate, whether in cash or in kind, including the use, rental or hire of land, water or aircraft, equipment, facilities,

apparatus and paraphernalia used in the campaign: Provided, further, That where the land, water or aircraft, equipment,

facilities, apparatus and paraphernalia used is owned by the candidate, his contributor or supporter, the Commission is

hereby empowered to assess the amount commensurate with the expenses for the use thereof, based on the prevailing

rates in the locality and shall be included in the total expenses incurred by the candidate.

Sec. 101. Limitations upon expenses of political parties. - A duly accredited political party may spend for the election of its

candidates in the constituency or constituencies where it has official candidates an aggregate amount not exceeding the

equivalent of one peso and fifty centavos for every voter currently registered therein. Expenses incurred by branches,

chapters, or committees of such political party shall be included in the computation of the total expenditures of the

political party.

Expenses incurred by other political parties shall be considered as expenses of their respective individual candidates and

subject to limitation under Section 100 of this Code.

Sec. 107. Statement of contributions and expenditures. - Every candidate and treasurer of the political party shall, not later

than seven days, or earlier than ten days before the day of the election, file in duplicate with the office indicated in the

following section, full, true and itemized, statement of all contributions and expenditures in connection with the election.

Within thirty days after the day of the election, said candidate and treasurer shall also file in duplicate a supplemental

statement of all contribution and expenditures not included in the statement filed prior to the day of the election.

Sec. 111. Effect of failure to file statement. - In addition to other sanctions provided in this Code, no person elected to any

public office shall enter upon the duties of his office until he has filed the statement of contributions and expenditures

herein required.

The same prohibition shall apply if the political party which nominated the winning candidate fails to file the statements

required herein within the period prescribed by this Code.

ec. 221. Board of canvassers. - There shall be a board of canvassers for each province, city, municipality, and district of

Metropolitan Manila as follows:chanroblesvirtuallawlibrary

(a) Provincial board of canvassers. - the provincial board of canvassers shall be composed of the provincial election

supervisor or a senior lawyer in the regional office of the Commission, as chairman, the provincial fiscal, as vice-chairman,

and the provincial superintendent of schools, and one representative from each of the ruling party and the dominant

opposition political party in the constituency concerned entitled to be represented, as members.

(b) City board of canvassers. - the city board of canvassers shall be composed of the city election registrar or a lawyer of

the Commission, as chairman, the city fiscal and the city superintendent of schools, and one representative from each of

the ruling party and the dominant opposition political party entitled to be represented, as members.

(c) District board of canvassers of Metropolitan Manila - the district board of canvassers shall be composed of a lawyer of

the Commission, as chairman, and a ranking fiscal in the district and the most senior district school supervisor in the

district to be appointed upon consultation with the Ministry of Justice and the Ministry of Education, Culture and Sports,

respectively, and one representative from each of the ruling party and the dominant opposition political party in the

constituency concerned, as members.

(d) Municipal board of canvassers. - the municipal board of canvassers shall be composed of the election registrar or a

representative of the Commission, as chairman, the municipal treasurer, and the district supervisor or in his absence any

public school principal in the municipality and one representative from each of the ruling party and the dominant

opposition political party entitled to be represented, as members.

(e) Board of canvassers for newly created political subdivisions - the Commission shall constitute a board of canvassers

and appoint the members thereof for the first election in a newly created province, city or municipality in case the officials

who shall act as members thereof have not yet assumed their duties and functions.ec. 68. Disqualifications. - Any candidate who, in an action or protest in which he is a party is declared by final decision of a competent court guilty of, or found by the Commission of having (a) given money or other material consideration to influence, induce or corrupt the voters or public officials performing electoral functions; (b) committed acts of terrorism to enhance his candidacy; (c) spent in his election campaign an amount in excess of that allowed by this Code; (d) solicited, received or made any contribution prohibited under Sections 89, 95, 96, 97 and 104; or (e) violated any of Sections 80, 83,

85, 86 and 261, paragraphs d, e, k, v, and cc, subparagraph 6, shall be disqualified from continuing as a candidate, or if he has been elected, from holding the office. Any person who is a permanent resident of or an immigrant to a foreign country shall not be qualified to run for any elective office under this Code, unless said person has waived his status as permanent resident or immigrant of a foreign country in accordance with the residence requirement provided for in the election laws.

ec. 89. Transportation, food and drinks. - It shall be unlawful for any candidate, political party, organization, or any person to give or accept, free of charge, directly or indirectly, transportation, food or drinks or things of value during the five hours before and after a public meeting, on the day preceding the election, and on the day of the election; or to give or contribute, directly or indirectly, money or things of value for such purpose.

Sec. 95. Prohibited contributions. - No contribution for purposes of partisan political activity shall be made directly or

indirectly by any of the following:chanroblesvirtuallawlibrary

(a) Public or private financial institutions: Provided, however, That nothing herein shall prevent the making of any loan to a

candidate or political party by any such public or private financial institutions legally in the business of lending money,

and that the loan is made in accordance with laws and regulations and in the ordinary course of business;

(b) Natural and juridical persons operating a public utility or in possession of or exploiting any natural resources of the

nation;

(c) Natural and juridical persons who hold contracts or sub-contracts to supply the government or any of its divisions,

subdivisions or instrumentalities, with goods or services or to perform construction or other works;

(d) Natural and juridical persons who have been granted franchises, incentives, exemptions, allocations or similar

privileges or concessions by the government or any of its divisions, subdivisions or instrumentalities, including

government-owned or controlled corporations;

(e) Natural and juridical persons who, within one year prior to the date of the election, have been granted loans or other

accommodations in excess of P100,000 by the government or any of its divisions, subdivisions or instrumentalities

including government-owned or controlled corporations;

(f) Educational institutions which have received grants of public funds amounting to no less than P100,000.00;

(g) Officials or employees in the Civil Service, or members of the Armed Forces of the Philippines; and

(h) Foreigners and foreign corporations.

It shall be unlawful for any person to solicit or receive any contribution from any of the persons or entities enumerated

herein.

Sec. 96. Soliciting or receiving contributions from foreign sources. - It shall be unlawful for any person, including a

political party or public or private entity to solicit or receive, directly or indirectly, any aid or contribution of whatever form

or nature from any foreign national, government or entity for the purposes of influencing the results of the election.

Sec. 97. Prohibited raising of funds. - It shall be unlawful for any person to hold dances, lotteries, cockfights, games,

boxing bouts, bingo, beauty contests, entertainments, or cinematographic, theatrical or other performances for the

purpose of raising funds for an election campaign or for the support of any candidate from the commencement of the

election period up to and including election day; or for any person or organization, whether civic or religious, directly or

indirectly, to solicit and/or accept from any candidate for public office, or from his campaign manager, agent or

representative, or any person acting in their behalf, any gift, food, transportation, contribution or donation in cash or in

kind from the commencement of the election period up to and including election day; Provided, That normal and

customary religious stipends, tithes, or collections on Sundays and/or other designated collection days, are excluded from

this prohibition.

Sec. 104. Prohibited donations by candidates, treasurers of parties or their agents. - No candidate, his or her spouse or

any relative within the second civil degree of consanguinity or affinity, or his campaign manager, agent or representative

shall during the campaign period, on the day before and on the day of the election, directly or indirectly, make any

donation, contribution or gift in cash or in kind, or undertake or contribute to the construction or repair of roads, bridges,

school buses, puericulture centers, medical clinics and hospitals, churches or chapels cement pavements, or any

structure for public use or for the use of any religious or civic organization: Provided, That normal and customary

religious dues or contributions, such as religious stipends, tithes or collections on Sundays or other designated collection

days, as well as periodic payments for legitimate scholarships established and school contributions habitually made

before the prohibited period, are excluded from the prohibition.

The same prohibition applies to treasurers, agents or representatives of any political party.

Sec. 241. Definition. - A pre-proclamation controversy refers to any question pertaining to or affecting the proceedings of the board of canvassers which may be raised by any candidate or by any registered political party or coalition of political parties before the board or directly with the Commission, or any matter raised under Sections 233, 234, 235 and 236 in relation to the preparation, transmission, receipt, custody and appreciation of the election returns.

ec. 243. Issues that may be raised in pre-proclamation controversy. - The following shall be proper issues that may be

raised in a pre-proclamation controversy:chanroblesvirtuallawlibrary

(a) Illegal composition or proceedings of the board of canvassers;

(b) The canvassed election returns are incomplete, contain material defects, appear to be tampered with or falsified, or

contain discrepancies in the same returns or in other authentic copies thereof as mentioned in Sections 233, 234, 235 and

236 of this Code;

(c) The election returns were prepared under duress, threats, coercion, or intimidation, or they are obviously manufactured

or not authentic; and

(d) When substitute or fraudulent returns in controverted polling places were canvassed, the results of which materially

affected the standing of the aggrieved candidate or candidates.

Sec. 15. Pre-proclamation Cases Not Allowed in Elections for President Vice-President, Senator, and Member of the House

of Representatives. - For purposes of the elections for President, Vice-President, Senator and Member of the House of

Representatives, no pre-proclamation cases shall be allowed on matters relating to the preparation, transmission, receipt, custody

and appreciation of the election returns or the certificates of canvass, as the case may be. However, this does not preclude the

authority of the appropriate canvassing body motu propio or upon written complaint of an interested person to correct manifest

errors in the certificate of canvass or election returns before it.

Questions affecting the composition or proceedings of the board of canvassers may be initiated in the board or directly with the

Commission in accordance with Section 19 hereof.

Any objection on the election returns before the city or municipal board of canvassers, or on the municipal certificates of canvass

before the provincial board of canvassers or district boards of canvassers in Metro Manila Area, shall be specifically noticed in the

minutes of their respective proceedings.

Rule 3Coverage of Pre-Proclamation Controversies

Section 1. Pre-Proclamation Controversy. - A pre-proclamation controversy refers to the proceedings of the board of canvassers which may be raised by any candidates or by any registered political party or coalition of political parties, or by any accredited and participating party list group, before the board or directly with the Commission. It covers only two issues:

a. Illegal composition of the Board of Canvassers (BOC);

b. Illegal proceedings of the BOC.

The basis of the canvass shall be electronically transmitted results.

Section 2. Jurisdiction of the Commission in Pre-Proclamation Controversies. - COMELEC has exclusive jurisdiction in pre-proclamation controversies arising from national, regional pr local elections.

A pre-proclamation controversy may be raised by any candidate or by any registered political party, organization, or coalition of political parties before the BOC, or directly with the Commission.

Issues affecting the composition or proceedings of the Boards may be initiated by filing a verified petition before the Board or directly with the Commission.

If the petition is filed directly with the Board, its decision may be appealed to the Commission within three (3) days from issuance thereof. However, if commenced directly with the Commission, the verified petition shall be filed immediately when the board begins to act illegally, or at the time of the appointment of the member of the board whose capacity to sit as such is objected to.

Section 3. Rights of Political Parties and Candidates Before the Board of Canvassers in Pre-Proclamation Cases.-

a) All registered political parties, organizations, or coalitions of political parties, and accredited citizens' arms, and candidates, have the right to be present and to be represented by counsel during the canvass of election returns, or certificates of canvass.

b) Only one counsel may argue for each registered political party, organization, or coalition of political parties, accredited citizens' arm or candidate.

c) No dilatory action shall be allowed by the BOC. It may impose time limits for oral arguments.

d) All registered political parties, organizations, or coalitions of political parties, and candidates, are entitled to obtain a copy of the Statement of Votes per precinct and a copy of the certificate of canvass duly authenticated by the BOC.

Rule 4Illegal Composition or Proceedings of the Board of Canvassers

Section 1. Illegal Composition of the Board of Canvassers. - There is illegal composition of the BOC when, among other similar circumstances, any of the members do not possess legal qualifications and appointments. The information technology capable person required to assist the BOC by Republic Act No. 9369 shall be included as among those whose lack of qualifications may be questioned.

Section 2. Illegal Proceedings of the Board of Canvassers. - There is illegal proceedings of the BOC when the canvassing is a sham or mere ceremony, the results of which are pre-determined and manipulated as when any of the following circumstances are present:

a) precipitate canvassing;

b) terrorism;

c) lack of sufficient notice to the members of the BOC's;

d) Improper venue

Section 3. Where and How Commenced. - Questions affecting the composition or proceedings of the BOC may be initiated in the BOC or directly with the Commission, with a verified petition, clearly stating the specific ground/s for the illegality of the composition and/or proceedings of the board.

Section 4. When to File Petition. - The petition questioning the illegality, or the composition and/or proceedings of the BOC shall be filed immediately when the BOC begins to act as such is objected to, if it comes after the canvassing of the Board, or immediately when the proceedings become illegal.

a) In case the petition is filed before the BOC:

a.1) Upon receipt of the verified petition, the BOC shall immediately announce the fact of the filing of said petition and the ground/s raised therein.

a.2) The BOC shall immediately deliberate on the petition, and within a period of twenty-four (24) hours, make a prompt resolution thereon, which resolution shall be reduced into writing.

a.3) Should the BOC decide in favor of the petition, it shall immediately inform the Commission of its resolution. Thereafter, the Commission shall make the appropriate action thereon.

a.4) In no case shall the receipt by the BOC of the electronically transmitted precinct, municipal, city, or provincial results, be suspended by the filing of said petition.

a.5) The petitioner may appeal an adverse resolution by the BOC to the COMELEC, by notifying the BOC of his or her intent to appeal, through a verbal, and a written and verified Notice of Appeal. The notice on the BOC shall not suspend the formal proclamation of the official results of the election, until the final resolution of the appeal.

a.6) Within forty-eight (48) hours from such notice to the BOC, the petitioner shall submit before the Board a Memorandum on Appeal stating the reasons why he resolution being questioned is erroneous and should be reversed.

a.7) Upon receipt by the BOC of the petitioner's memorandum on appeal, the Board shall forward the entire records of the petition at the expense of the petitioner.

a.8) Upon receipt of the records herein referred to, the petition shall be docketed by the Clerk of Commission and submitted to the COMELEC en banc for consideration and decision.

a.9) Within five (5) days therefrom the COMELEC en banc shall render its decision on the appeal.

b) If filed directly with the Commission, the petition shall be heard by the COMELEC en banc under the following procedures. Upon receipt of the petition by the COMELEC, the Clerk of the Commission shall docket the same and forthwith send summons to the BOC concerned with an order directing it to submit, through the fastest verifiable means available, its answer within forty-eight (48) hours.

The COMELEC en banc shall resolve the petition within five (5) days from the filing of the answer, or upon the expiration of the period to file the same.

Section 6. Illegal Proceedings Discovered after Proclamation. - If the illegality of the proceedings of the BOC is discovered after the official proclamation of the supposed results, a verified petition to annual the proclamation may be filed before COMELEC within ten (10) days after the day of proclamation. Upon receipt of the verified petition, the Clerk of the Commission shall have the same docketed and forthwith issue summons to the parties to be affected by the petition, with a directive for the latter to file their answer within five (5) days from receipt. Thereafter the case shall be deemed submitted for resolution, which shall not be later seven (7) days from receipt of the answer.

ec. 248. Effect of filing petition to annual or to suspend the proclamation. - The filing with the Commission of a petition to

annual or to suspend the proclamation of any candidate shall suspend the running of the period within which to file an

election protest or quo warranto proceedings. 

 

ARTICLE XXI.ELECTION CONTESTS

  Sec. 249. Jurisdiction of the Commission. - The Commission shall be the sole judge of all contests relating to the

elections, returns, and qualifications of all Members of the Batasang Pambansa, elective regional, provincial and city

officials. 

Sec. 251. Election contests for municipal offices. - A sworn petition contesting the election of a municipal officer shall be

filed with the proper regional trial court by any candidate who has duly filed a certificate of candidacy and has been voted

for the same office, within ten days after proclamation of the results of the election. 

Sec. 252. Election contest for barangay offices. - A sworn petition contesting the election of a barangay officer shall be

filed with the proper municipal or metropolitan trial court by any candidate who has duly filed a certificate of candidacy

and has been voted for the same office, within ten days after the proclamation of the results of the election. The trial court

shall decide the election protest within fifteen days after the filing thereof. The decision of the municipal or metropolitan

trial court may be appealed within ten days from receipt of a copy thereof by the aggrieved party to the regional trial court

which shall decide the case within thirty days from its submission, and whose decisions shall be final. 

Sec. 253. Petition for quo warranto. - Any voter contesting the election of any Member of the Batasang Pambansa,

regional, provincial, or city officer on the ground of ineligibility or of disloyalty to the Republic of the Philippines shall file a

sworn petition for quo warranto with the Commission within ten days after the proclamation of the results of the election. 

Any voter contesting the election of any municipal or barangay officer on the ground of ineligibility or of disloyalty to the

Republic of the Philippines shall file a sworn petition for quo warranto with the regional trial court or metropolitan or

municipal trial court, respectively, within ten days after the proclamation of the results of the election.Sec. 265. Prosecution. - The Commission shall, through its duly authorized legal officers, have the exclusive power to conduct preliminary investigation of all election offenses punishable under this Code, and to prosecute the same. The Commission may avail of the assistance of other prosecuting arms of the government: Provided, however, That in the event that the Commission fails to act on any complaint within four months from his filing, the complainant may file the complaint with the office of the fiscal or with the Ministry of Justice for proper investigation and prosecution, if warranted.

REPUBLIC ACT NO. 7808REPUBLIC ACT NO. 7808 - AN ACT RESETTING THE ELECTIONS OF SANGGUNIANG KABATAAN OFFICIALS TO THE

FIRST MONDAY OF MAY 1996, AND EVERY THREE (3) YEARS THEREAFTER, AMENDING FOR THE PURPOSE Sec. 532(a) OF REPUBLIC ACT NO. 7160, OTHERWISE KNOWN AS THE "LOCAL GOVERNMENT CODE OF 1991" 

Section 1. Sec. 532(a) of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, is hereby amended to read as follows: 

"Sec. 532. Elections for the Sangguniang Kabataan. - 

"(a) The first elections for the sangguniang kabataan to be conducted under this Code shall be held thirty (30) days after the next local elections: provided, that, the regular elections for the sangguniang kabataan shall be held on the first Monday of May 1996: provided, further, that the succeeding regular elections for the sangguniang kabataan shall be held every three (3) years thereafter: provided, finally, that the national, special metropolitan, provincial, city and municipal federations of the sangguniang kabataan shall conduct the election of their respective officers thirty (30) days after the May 1996 sangguniang kabataan elections on dates to be scheduled by the Commission on Elections. 

"The conduct of the sangguniang kabataan elections shall be under the supervision of the Commission on Elections. 

"The Omnibus Election Code shall govern the elections of the sangguniang kabataan."